Shri Prasantha Mistry v. The State House Officer And ORS.

17.05.2023.

Item no. 1.

Court No. 13 ap

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Port Blair Constitutional Writ Jurisdiction (Appellate Side) W.P.A. No. 721 of 2023 Shri Prashanta Mistry

Versus

The Station House Officer, Pahargoan, Port Blair, South Andaman Mr. Gopal Binnu Kumar.

...For the petitioner.

1. Despite service of notice, the private respondents are not represented. They have refused service of the copy of the writ petition. Service has been effected on the Advocate-on-record for the respondents in the Court below through Whatsapp.

2. The petitioner is aggrieved that ingress and egress to his property has been restricted by the private respondents. The petitioner has filed a civil suit, which is now pending before the learned Civil Judge (Senior Division) South Andaman District at Port Blair being Other Suit No. 64 of 2022.

3. An order of status quo was passed on 29th November, 2022 in the suit. An application under Section 151 of the Code of Civil Procedure seeking police help and alleging violation of the order of status

quo by the private respondents, the petitioner moved in the Court below.

4. The petitioner's allegation is that a net has been placed by the defendants over and above the gate of the petitioner, thus violating the order of status quo. The Court below refused to direct removal of the net as it was not clear when the net was put up.

5. The Station House Officer, PS Pahargaon (SHO, Pahargaon) was, however, directed to ensure implementation of the order of injunction and status quo.

6. This Court is of the view that the writ petition is, in essence, a challenge to the order dated 17th April, 2023 where the Court below declined to remove the net in question. Since effective alternative remedy of appeal before the District Judge, South Andaman at Port Blair is available and there is a civil suit pending between the parties, the writ petition might not be maintainable.

7. However, in the interest of justice, this Court directs the SHO, Pahargaon to submit a detailed report in the Court below indicating, inter alia, from local enquiry and inspection as to when the net is existing on the gate and was placed by the private respondents. The SHO, Pahargaon shall also report to the Court below within seven days from the notice of

this order as to whether the ingress and egress the property has in fact been obstructed.

8. This order is passed in the special facts and circumstances of the case since the petitioner complained that he is unable to enter into his property.

9. The petitioner shall be entitled to move the Court below for further orders by way of put up application along with a copy of the report of the SHO, Pahargaon. The SHO, Pahargaon shall also make a copy of his report available to the petitioner.

10.

Since nothing further remains to be adjudicated in the instant writ petition and the respondents have chosen not to be represented in this proceeding, the instant writ petition shall stand disposed of. 11.

The petitioner shall communicate this order to the SHO, Pahargaon and the private respondents. 12.

There will be no order as to costs.

13.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)